From a legal point of view, is a daughter in law considered a family member of her in laws?

Updated on society 2024-07-31
10 answers
  1. Anonymous users2024-02-15

    Judging from the current laws of our country, the daughter-in-law is not considered a family member of the in-laws.

    The so-called "family members", in the eyes of the public, are generally "relatives living in a family". Many people also have such a question, that is, whether the relationship between the daughter-in-law and her in-laws, the son-in-law and her parents-in-law is a family membership? From the perspective of family affection, morality, and ethics, the daughter-in-law and her in-laws, son-in-law and parents-in-law must be family members.

    However, from a legal point of view, this is not necessarily the case, because the current law in our country does not clearly stipulate the specific meaning of family members.

    Chapter 3 of the Marriage and Family Section of China's Civil Code mentions "family relations", which lists four types of family relationships. And these four types of family relationships are: first, father and wife; 2. Parents and children; 3. Grandparents and grandchildren; Fourth, brothers and sisters.

    The term "parents and children" also includes legitimate or illegitimate children, legally adopted children, and stepchildren. That is to say, these four types of enumerated family relationships are certainly family relationships from a legal perspective. However, in addition to the four categories listed, the law does not make a clear determination as to whether the relationship between a daughter-in-law and her in-laws, and a son-in-law and her parents-in-law is a family relationship.

    It is precisely because of this that many people think that China's laws seem to be inadequate. After all, in the eyes of the public, daughters-in-law and in-laws, sons-in-law and parents-in-law are a family. Moreover, in reality, in many families, daughters-in-law and in-laws, sons-in-law and parents-in-law are in the same household registration, live under the same roof, and eat at the same table.

    In that case, why are they not part of the family?

    Seriously, "family member" is a broad concept, and it's not a legal term in the strict sense of the word. Although only four types of family relationships are listed in the law, in reality, the situation is much more complicated, and the specific determination and judgment must be based on the actual situation. All in all, whether a daughter-in-law and her in-laws, son-in-law and parents-in-law belong to a family relationship, the perspective is different, and the conclusions are different.

    From the level of family, morality, and ethics, it is not from the legal level.

  2. Anonymous users2024-02-14

    Calculate. Because after the daughter-in-law marries, she belongs to the in-laws' family, so she is considered a family member of the in-laws.

  3. Anonymous users2024-02-13

    Legally, after marriage, the daughter-in-law is not considered a family member of the in-laws' family, but if your name is added to the household register, she is legally a family member of the in-laws' family. In fact, there is no clear legal definition of the two.

  4. Anonymous users2024-02-12

    The daughter-in-law is not legally considered a family member of her in-laws, and the daughter-in-law only has a marital relationship with her husband, and does not have any legal relationship with her in-laws.

  5. Anonymous users2024-02-11

    Calculate. After all, they are married, and they are a family at this time, so they are legally considered family members of their in-laws.

  6. Anonymous users2024-02-10

    The main members of the family do not include the in-laws. 1. Married men.

    The main members of the family include wife, children and parents; The main social relationship refers to the relatives who have a greater influence on oneself, including parents-in-law, grandparents, etc.

    2. Married women.

    The main members of the family include the husband and children; The main social relationships include parents, in-laws, grandparents, etc.

    3. Unmarried male or female.

    The main members of the family include their parents, siblings, etc.

    Characteristics: (1) Family members, who are close relatives.

    2) Spouses, parents, and children are legal family members, and also include other close relatives living together.

    3) The scope of close relatives, mainly including blood relatives; parents, children, siblings, grandparents, grandchildren; This also includes in-laws (spouses).

    4) "Close relatives living together" refers to close relatives who live together for a certain period of time and support each other in their daily affairs. Mutual support in a certain period of time and in life affairs is the key word (characteristic) of close relatives living together, and close relatives who occasionally live together or support each other in life affairs are not family members.

  7. Anonymous users2024-02-09

    Legal analysis: in-laws belong to legal parents, but at present, our law stipulates that husband and wife have no legal obligation to support the other parent, and only adult children have the legal obligation to support their parents.

    Legal basis: Civil Code of the People's Republic of China

    Article 26: Parents have the obligation to raise, educate, and protect their minor children.

    Adult children have an obligation to their parents to support, support and protect them.

    Article 1067:Where parents do not perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support.

    Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

  8. Anonymous users2024-02-08

    Legal analysis and disparagement: The law does not stipulate that daughters-in-law have the obligation to support their in-laws, and it is not a violation of the law not to support their in-laws. According to the laws of our country, if the daughter-in-law of the widow has fulfilled the main obligation of support to the father-in-law and mother-in-law, and the widowed son-in-law has fulfilled the main obligation of support, it can be used as the first-order heir.

    Legal basis: Article 1129 of the Civil Code of the People's Republic of China Where a widowed daughter-in-law has fulfilled the main obligation of support to her parents-in-law, or a widowed son-in-law has fulfilled the main obligation of support, she shall be the heir in the first order.

  9. Anonymous users2024-02-07

    Summary. Pro-<>

    I am glad to answer for you: the daughter-in-law is a family member of the in-laws, but the daughter-in-law has no obligation to support the in-laws.

    From a legal point of view, is a daughter-in-law considered a family member of her in-laws?

    <> is happy to answer for you: the daughter-in-law is a family member of the in-laws, but the daughter-in-law has no obligation to support the in-laws.

    Legal basis: Article 1045 of the Civil Code of the People's Republic of China Relatives include spouses, blood relatives and in-laws. Spouses, parents, children, siblings, grandparents, grandchildren, and grandchildren are close relatives.

    Spouses, parents, sons, daughters, and other close relatives living together are the members of the family.

  10. Anonymous users2024-02-06

    The daughter-in-law has no legal obligation to support her parents-in-law and the son-in-law to her parents-in-law.

    Although the relationship between in-laws and daughters-in-law and between parents-in-law and sons-in-law is proportionate to the relationship between parents and children, they do not have the rights and obligations between parents and children in accordance with the law. Therefore, the daughter-in-law has no legal obligation to support her in-laws and the son-in-law to her parents-in-law.

    In accordance with the provisions of Article 21 of the Marriage Law, children have the obligation to support their parents, and parents who fail to perform their obligations, are unable to work or have difficulties in living have the right to demand alimony from their children.

    From the above legal provisions, it can be seen that the obligation to support is borne by the children, after the formation of a family due to marriage, such a relationship has not changed, the children only have the obligation to support the parents of the children, the daughter-in-law has no obligation to support the parents-in-law, and the son-in-law has no obligation to support the parents-in-law, but since the two parties are married, the expenses of the parents who support themselves are generally the joint property of the husband and wife, and one party has no right to interfere with the reasonable expenses of supporting the parents.

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